[Adopted 4-28-1971 by Ord. No. 71-2 (Ch.
48, Art. III, of the 1983 Code)]
[Amended 11-13-1973 by Ord. No. 73-7]
For purposes of this article, the following
terms shall have the following meanings:
The residue from burning of wood, coal, coke, paper and all
other combustible materials.
The Borough of Marietta, Lancaster County, Pennsylvania.
That person or persons as may, from time to time, be designated
by the Borough Council as the person or persons having the right to
collect ashes, garbage and refuse within the Borough, upon such terms
and conditions as the Borough Council shall decide.
Those premises that are used principally for uses other than
dwelling or residential purposes.
Each residence or premises used or intended for use as the
residence of any person or persons. Each apartment shall be considered
as a separate "dwelling unit."
All putrescible animal, vegetable or other organic wastes
(except body wastes) which result from the handling, processing, preparation,
cooking or consumption of foods.
Any individual, partnership, association, firm, corporation
or business entity.
All other putrescible and nonputrescible waste (except garbage
and body waste), including by way of illustration, but not limitation,
glass, metal (with the exclusions below), paper, wood (with the exclusions
below), tree cuttings (with the exclusions below), leaves, Christmas
trees, shoes, tin cans, tables, chairs, refrigerators, sofas, mattresses,
rubber tires and other similar household litter and trash. The definition
of "refuse" shall specifically exclude the debris from household renovations,
whether interior or exterior, dirt, rocks, lead pipes and the limbs
or trunks of trees greater than three inches in diameter.
[Amended 11-13-1973 by Ord. No. 73-7]
A.
All garbage shall be drained of liquids and wrapped in paper or other suitable material. All ashes, suitably wrapped garbage and refuse shall be stored, except as otherwise provided in Subsections B and C below, in covered, watertight plastic or metal containers with an outside handle or handles and with tightly fitting covers of a capacity not exceeding 20 gallons in volume and 60 pounds in weight. Approved plastic bags of a capacity of 20 gallons or less may be used.
B.
All permissible tree cuttings and similar refuse shall
be securely tied in bundles, which bundles shall not exceed four feet
in length and which bundles shall not exceed 60 pounds in weight for
each bundle.
C.
Newspapers, magazines and other printed matter not
placed in containers shall be securely tied in bundles not exceeding
30 pounds in weight.
A.
Ashes, garbage and refuse shall be collected at least
twice a week from June 1 to September 30 and at least once a week
from October 1 to May 30, on day or days of the week to be fixed by
Borough Council, between the hours of 6:00 a.m. and 3:00 p.m.
B.
All persons shall place their ashes, garbage and refuse
at designated pickup points as ordered by Borough Council in time
for collection by the Collector, who shall, without delay, replace
the cans or containers after being emptied to the place from which
they were taken and replace the lids.
C.
Borough Council may, in its discretion, allow or provide
other methods of collection, hauling or removal of ashes, garbage
or refuse by or from restaurants, hotels, business, commercial or
industrial establishments and such other places as produce large quantities
of ashes, garbage or refuse.
[Amended 7-12-1971 by Ord. No. 71-3; 2-13-1973 by Ord. No.
73-3]
It shall be unlawful for any person:
B.
To permit the accumulation of ashes, garbage or refuse
upon any place within the Borough of Marietta.
C.
To dispose of any body wastes except by way of the
sanitary sewer system.
D.
To transport ashes, garbage or refuse created or generated
outside of Marietta Borough into Marietta Borough.
E.
To place garbage, ashes or refuse at any designated
pickup point prior to 24 hours preceding the time for collection of
such garbage, ashes or refuse.
A.
The storage, collection and disposal of ashes, garbage
and refuse from commercial and industrial premises shall be in accordance
with this article; provided, however, that in the case of hardship,
the Borough Council may, by resolution, establish rules and regulations
to regulate the storage, collection and disposal of ashes, garbage
and refuse from commercial and industrial premises.
B.
No person shall dispose of any highly flammable, explosive
or highly infectious or contagious or toxic ashes, garbage or refuse
except in accordance with such rules and regulations as may be established
by the Borough Council and the Commonwealth of Pennsylvania.
C.
Commercial and industrial establishments in the Borough
of Marietta shall have two optional methods of having ashes, garbage,
and refuse collected from their premises and for the payment of charges
or assessments related thereto.
[Added 8-11-1998]
(2)
Commercial and industrial establishments may have their ashes, garbage, and refuse picked up and hauled by the company with which the Borough of Marietta has contracted for hauling within the Borough and shall be assessed similarly to the manner in which residences are assessed, which is currently three approved containers per week as part of the quarterly assessment for trash collection, and the purchase of prescribed tags for all materials above that limit. This assessment shall be subject to periodic change by the Borough Council, by resolution, consistent with § 289-6 of this article.[2]
[Amended 11-9-1976 by Ord. No. 76-5]
Beginning with the effective date of this section
there is hereby levied, assessed and imposed upon each dwelling unit
in the Borough of Marietta for the collection and removal of ashes,
garbage and refuse such service charge as may, from time to time,
be set by the Borough Council by resolution. The aforesaid service
charge shall be levied, assessed and imposed on a monthly basis, but
billing for the aforesaid service charge shall be on a quarterly basis.
Each apartment shall be considered as a separate dwelling unit.
[Amended 11-9-1976 by Ord. No. 76-5]
Beginning upon the effective date of this section, the Borough Secretary of the Borough of Marietta is directed to bill each and every owner or owners of dwelling units in the Borough of Marietta a service charge levied and assessed by this section as is from time to time established by the Borough Council in accordance with § 289-6 of this article.
[Amended 11-9-1982 by Ord. No. 82-7]
If the service charge is not paid within 35
days after date of billing, a penalty of 10% of the amount of the
service charge due and unpaid shall be added thereto and collected.
For the purpose of enforcing the payment of
the service charge levied or penalty imposed in accordance with the
provisions of this article, the Secretary of the Borough of Marietta
shall have all of the authority and power of a duly elected and qualified
tax collector and shall have the right to proceed to collect the service
charge and penalty by distraint or by action at law as other debts
are collected. The Borough of Marietta may, if it so desires, file
a lien on the property charged if said service charge and penalty
are not paid.
[Added 4-11-1995 by Ord. No. 95-1]
A.
Upon application made in writing on forms provided
by the Borough Secretary, the trash collection service charges required
by this article may be abated by owners of single-family dwellings
that have been unoccupied for a period of one full calendar quarter.
The property owner shall have the burden of proving that the property
has been so unoccupied.
B.
The abatement provided by this section shall commence
with the quarterly billing cycle following the date of application,
and shall continue for as many full calendar quarters as the property
is unoccupied. No quarters shall be pro rated, however, and, if the
subject property is occupied for any part of a calendar quarter, the
service charge for that entire quarter shall be due.
C.
In the event of a fire, storm, or other casualty loss
which results in a single-family dwelling becoming unoccupied, the
owner of such property may obtain an immediate abatement of trash
collection service charges for the property by making application
to the Borough on forms provided by the Borough Secretary. Abatement
arising in the context of a casualty loss shall be subject to pro
ration, and shall last for as long as the property is unoccupied.
[Amended 12-13-1983 by Ord. No. 83-9[1]]
Any person or persons, corporation, partnership
or other entity whatsoever violating any of the provisions of this
article shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. If the Magisterial District Judge determines
that the defendant is without the financial means to pay the fines
and costs immediately or in a single remittance, such defendant shall
be permitted to pay the fines or costs in installments and over such
periods of time as the Magisterial District Judge deems to be just.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation exists shall constitute a separate offense,
and each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Lancaster County.
